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12 March 2018Copyright

WIPR survey: How can China improve IP protection?

More than 80% of WIPR readers believe that China must do more to protect IP rights in the country, according to our latest survey.

Last week, WIPR reported that the Supreme People’s Court of China had vowed to increase efforts to tackle the infringement of IP rights. This followed the Chinese government’s announcement of plans to reform the country’s IP landscape.

The announcements come amid accusations from the US’s commerce secretary that China has a “disrespect for IP”. Wilbur Ross alleged that China’s 2025 plan—which aims to place China as a world leader in new technologies—is a “direct threat” to US trade.

While 81% did claim that China is not doing enough to protect IP rights, some suggested ways for the country to improve.

“Judicial visits to learn from the UK and EU’s processes for hearing infringement claims will start to bear fruit once those processes are implemented in China. It is impossible to implement significant change immediately,” said one.

Other readers noted that the judicial system needs to be improved, with one reader claiming that there is a lack of “experienced and properly trained” judges, and another noting that there is not enough emphasis on improving damages and evidence disclosure.

One reader said: “I think China is making good progress. The system is still in need of much work and the Chinese courts need to be more vigilant. That said, China has worked very hard to improve IP protections over the last ten years.”

Before a trade visit to China, UK Prime Minister Theresa May said that the UK and China need to protect the rules-based approach that underpins and enables global trade.

“So we will continue to look at what more can be done to tackle global overcapacity in sectors such as steel, and to ensure that, as our companies innovate and develop new products, they are confident that their IP and rights will be fully protected,” she said.

Speaking to WIPR at the time, a spokesperson for the Chinese Embassy in the UK said that China has always attached great importance to the protection of IP rights.

“To promote IP protection, China has made tremendous efforts in legislation, judicature, law enforcement, administration and public education, and has made remarkable achievements,” they said.

For this week's question, we ask: A German far-right party has  forced a parliamentary discussion on repealing the legislation allowing Germany to ratify the Unified Patent Court Agreement. Do you expect the law to be repealed as a result?  Click here to answer.

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More on this story

Copyright
5 March 2018   The Supreme People’s Court of China has vowed to increase efforts to tackle the infringement of IP rights, following the Chinese government’s announcement of plans to reform the country’s IP landscape.
Patents
26 January 2018   The US commerce secretary has accused China of having “disrespect” for IP at the World Economic Forum (WEF), ahead of President Donald Trump’s visit to China next month.